NIKHIL KAUSHIK AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Mrs. Kanchan Yadav @ Kanchan Kaushik alongwith her parents are present before us. Her mother Smt. Prem Yadav has identified the person who has appeared before us as Mrs. Kanchan Yadav to be her daughter. On the last occasion, Mr. D.V Tholia, the learned counsel for the complainants had raised an objection that when the statements of Mrs. Kanchan Yadav were recorded on 3.12.2005 by the Deputy Registrar (Judl.), there was no one who could identify the person as Mrs. Kanchan Yadav. Therefore, we had directed to produce Mrs. Yadav again in the Court on 19.1.2006.

(2.) Today, i.e. 19.1.2006 Mrs. Kanchan Yadav has been produced in the Court. We have the benefit of her Mother Mrs. Prem Yadav, who has identified Mrs. Kanchan Yadav to be her daughter. The statements of Mrs. Kanchan Yadav were recorded on 3.12.2005 by the Deputy Registrar (Judicial) of this Court, wherein she had clearly stated that she has married with Mr. Nikhil Kaushik, the petitioner No. 1. The marriage took place on 19.10.2005 at Arya Samaj, Moti Katla, Jaipur and she is happily living with her husband. However, she claimed that she has further apprehension that she might be pressurised both mentally and physically by her family members, therefore, she made a request to provide her police protection. The statements of Mrs. Kanchan Yadav is available on record. Since, Mrs. Kanchan Yadav is a major, she is free to go with her husband. Since, she had gone with her husband with her own volition, therefore, no case for offence under Sec. 366 Penal Code is made out against Mr. Nikhil Kaushik.

(3.) Hence, in the interest of justice, we quash the First information Report No. 348/2005 registered at Police Station, Shyam Nagar, Jaipur for offence under Sec. 366 IPC. Mrs. Kanchan Yadav @ Kanchan Kaushik is free to go with her husband Mr. Nikhil Kaushik.